Terms of Delivery EMP Merchandising HGmbH

Prices, Terms Of Shipping & Handling

All prices are displayed in Euro and include VAT (value-added tax, at present 23%).

SPEND

DELIVERY OPTION

DELIVERY TIME

COST

Below €60

DHL

3-5 working days (Mon-Fri)

€4.95

€60 and above

DHL

3-5 working days (Mon-Fri)

FREE

Payment methods we accept:

PayPal

PayPal is the easy and safe way to pay at EMP. In addition, payments are received very quickly so that orders can be processed faster.
To able to use this payment service, you will first need to register with PayPal (www.paypal.com). Registration is free of charge.

Credit Card (VISA, Mastercard)

In case you decide to pay by Credit Card please indicate your credit card number as well as the date of expiry of your
Credit Card on the order form. Apart from shipping & handling no further costs will arise. We will charge your credit
card account when your order is ready for shipping in our warehouse.

Advanced Payment by Bank Transfer

After receipt of your order, we will send you an order confirmation and a payment advice slip (by email if possible,
so you have the information quicker). Once you receive this information, please use the provided information so that
you can transfer the outstanding balance onto the bank account noted on your order confirmation. We especially need
the order number and your name with the payment so that we can quickly attach the payment to the order. After we
receive payment, we will process your order and send it out to you. Should you send too much money to us by mistake,
we will be sure to refund you the difference as soon as possible. We do not charge you anything extra for this payment
method. You will only pay for your ordered items plus postage and packaging.

Delivery Period

Usually we send out your order within 7 days after your order arrived. In case you stated a date to complete your
order, we'll wait until that day.
In addition to details about the item on offer, you will also receive information on when it is available. Please
remember, however, that this information is not a binding or guaranteed shipping date, but simply a guideline
indicating the anticipated date.
All items which are not available until the date of shipping your order have to be re-ordered, there will be no
subsequent deliveries.

Conclusion of Contract

We will check as to how far we are able to process your order. Only then will we decide as to how far we accept your
received offer. Usually this is done by us sending out the order. If you have indicated an email address you will
receive a notice of arrival. By confirming your order or sending out the order our part of the contract has accordingly
been fullfilled.

Our Return Policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the
carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (EMP Mail Order UK Ltd., c/o Francis Clark LLP, North Quay
House, Sutton Harbour, Plymouth PL4 0RA, mailbox@emp.ie) of your decision to withdraw from this contract by an
unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form,
but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of
the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of
delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the
least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days
from the day on which we are informed about your decision to withdraw from this contract. We will carry out such
reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent
back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days
from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back
the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the
goods resulting from the handling other than what is necessary to establish the nature, characteristics and
functioning of the goods.

Your right to cancel will not be agreed in the following situations:

on returns of sealed audio- or video (e.g. CDs, LPs, DVDs) or software (e.g. games), if you have already unsealed the packaging;

on a sale of tickets for events of any kind (e.g. concerts and festivals). These are non- refundable.

on an order for personalized items, or products that have been manufactured according to your specifications.

on sealed goods, which are not applicable for a return for reasons of health and safety or hygiene, in the situation where the sealing has been removed (e.g. piercings, contact lenses)

Sample cancellation form - template

You can use the following form for your order cancellation or write your own letter to cancel, or, as specified in the terms, you can return the goods without comment within the return period.To:
EMP Returns, Synergy Retail Support Ltd, Ravens Way, Crow Lane Industrial Estate, Northhampton, NN3 9UD, UK, mailbox@emp.ie

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

_____________________________________________________________________

Ordered on (*)/received on (*),

_____________________________________

Name of consumer(s),

_____________________________________

Address of consumer(s),

_____________________________________

Signature of consumer(s) (only if this form is notified on paper),

____________________________________

Date

____________________________________

(*) Delete as appropriate.

Damaged Deliveries

Please make sure that you receive an undamaged package (if necessary open the package in the presence of the postman).
Do not in any case accept a damaged delivery (e.g. an opened box or similar) since by doing this you implicitly
confirm the reception of undamaged items.

Ordering of Swords

Ordering of swords / proof of age / disclaimer

The swords we offer are designed for decoration only. They can only be delivered OTC to customers who have reached the age of 18. Therefore, we inevitably require a copy of your identity card by fax or by mail. We cannot process your order before this copy is available. The swords will be delivered individually postage paid and free of COD charges.
Important: These delivery conditions are only applicable for Germany and Austria. Costs and mode of delivery to other countries on request.
Sale to people under 18 is not possible.
We assume no liability for damage to the goods and/or people or things, caused by the improper or abusive use of the goods delivered by us.
The unauthorised use of the swords in public is forbidden pursuant to section 39 of the Weapons Act.

Security

Privacy Policy

We are committed to protecting and respecting the privacy of all visitors and users of emp.ie (the “Website”).
Please read the following carefully to understand our policy and practices regarding your personal information and how we will treat it. We will use your personal information in accordance with this Privacy Policy and applicable current data protection laws.
This policy (together with our Terms and Conditions and Cookie Policy) sets out the basis on which any personal information we collect from you, or that you provide to us, via this Website will be treated by us. Please read the following carefully to understand our policy and practices regarding your personal information before using this Website. By using our Website, you are accepting and consenting to the practices described in this Privacy Policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is EMP Merchandising Handelsgesellschaft mbH., c/o Francis Clark LLP, North Quay House, Sutton Harbour, Plymouth, PL4 0RA.

What personal information do we collect?
We may collect and process the following data about you:

Information that you enter via our Website. This includes information provided at the time of registering an account on our Website, subscribing to any service which we provide, searching our Website, placing an order on our Website, participating in discussion boards or other social media functions on our Website, creating wish lists on our Website, or requesting further services. We may also collect and process information when you enter a competition or promotion, and when you report a problem with our Website. The information you give us may include without limitation your name, postal address, email address, password, telephone number, financial and credit card information, age, occupation, personal description, photograph, product interests and style interests.

Details of transactions you carry out through our Website and of the fulfilment of your orders.

If you contact us (by phone, email, or otherwise), we may keep a record of our correspondence with you.

Information you provide when you enter a survey (we may ask you to complete surveys that we use for research purposes, although you do not have to respond to them).

Technical information may be collected automatically, including without limitation the Internet protocol (IP) address used to connect your computer or device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.

Details of your visits to our Website may be collected automatically, including without limitation full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time), products and pages you viewed or searched for, page response times, download errors, lengths of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page (including information about how you use social media plug-ins), traffic data, location data, weblogs and other communication data.

We are also working closely with third parties (including for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies and fraud prevention service providers) and may receive information about you from them.

Information collected from children

We are strongly committed to preserving online privacy for all of our Website visitors, including children. The Website is a general audience site, and we do not knowingly collect information about children or sell products to children. We will not knowingly collect any information from children under the age of 13. If you are under the age of 13, you are not permitted to use or submit information to the Website.

Cookies

Our Website uses cookies to distinguish you from other users of our Website and to keep track of your visits. They help us to provide you with the very best experience when you browse our Website and to make improvements to our Website. They also help us and our advertising networks to make advertising relevant to you and your interests.

Storage & Security of your Personal Information

The data that we collect from you may be transferred to, and stored at, destinations outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted via our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We use a trusted third party payment processing service to process your payment to us and we do not store your credit/debit card information. You can elect to save your credit or debit card details once your order on our Website has been processed, to make any future orders easier. However, for your security you will need to enter your card’s 3-digit security code for every subsequent transaction where you elect to use the saved credit/debit card. If you elect to store your credit or debit card details after an order on the Website, your credit/debit card details will be stored with our trusted third party payment processor.
We use secure socket layer software (SSL) to encrypt personal information that you provide via your registered account on our Website (including your payment details). This technology prevents you from inadvertently revealing personal information using an unsecure connection. Our Website is certified with an SSL certificate, which verifies that our Website is secure.
We keep your information confidential and store user personal data on a secure server which is password protected and hidden behind a firewall.

Uses Made of Your Personal Information

We may use information held about you to:

carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

set up, manage and contact you about your account and orders;

update and manage our customer and marketing databases;

ensure that content from our Website is presented in the most effective manner for you and for your computer or device;

provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about;

provide you, or permit selected third parties to provide you, with information about other products or services (including products and services that are co-branded or that we are otherwise engaged with promoting) that we feel may interest you, where you have consented to be contacted for such purposes;

personalise emails that we send to you, including using your name to address emails to you and using your gender to provide gender-specific content;

allow you to participate in interactive features of our service, when you choose to do so (including creating links to our website in your social media channels);

measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

confirm your age and identity, and to identify and prevent fraud;

keep our Website safe and secure; and comply with applicable law; enforce or apply our Terms of Use, Terms and Conditions of Sale and other agreements; or protect the rights, property or safety of Emp.ie UK Limited, any of our group companies, our customers or others.

Uses of Analytics and Targeting Advertising Tools

In order to better serve our Website visitors and customers we may use Google Analytics features such as Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration and/or Google Analytics Demographics and Interest Reporting (Google Display Advertising Features).
You can opt-out of the Google Display Advertising Features and customise Google Display Network ads using the Ad Settings.
As an added privacy measure, you can use the Google Analytics opt-out browser add on.

Regarding Google Display Network Impression Reporting and the DoubleClick Campaign Manager integration, we and third party vendors, including Google, may use cookies set by the Google Analytics features to analyse and report on ads used on our Website including but not limited to the impressions created by the ads and how these interact with other ad features and other features and services.

We may use Remarketing with Google Analytics to advertise online. Third party vendors, including Google, may show our ads on sites across the internet. We and third party vendors, including Google, may use cookies to inform, optimise and determine which ads you see on our Website and third party websites, including ads based on your previous visits to our Website.

We may also use analytics and targeted advertising tools provided by other third parties, including Facebook, Adroll, Responsys, Salescycle and Bing. Please see our and Cookie Policy for further information (including a list of the cookies used by our Website).

Marketing & Communications

You will have the opportunity to subscribe to certain areas of the Website and marketing lists. For instance you may wish to receive our newsletter or other marketing information (by email or direct mail) or enter competitions. In these circumstances we may ask for additional information, such as your age, occupation, style interests, etc. We will also treat this information as “personal information,” as described in this policy. This will help us to target our marketing in a way we feel would be of specific interest to you. We may from time to time send with your ordered products, inserts advertising the goods or services of unrelated third party companies. However, we do not pass on your personal information to these third party companies, except as provided elsewhere in this Privacy Policy.

Disclosure of Your Information

We may disclose your personal information:

where you have consented for us to do so. For example, if you have consented to receive marketing materials from third parties, or in respect of third parties’ (including co-branded or jointly promoted) products and services, we may pass your information on to the relevant third parties;

to business partners, suppliers, sub-contractors and other third parties as necessary for the performance of any contract we enter with you or any service you have requested (for example, we engage third parties to deliver packages, to host our Website and to process card payments, and your payment information will be provided to financial institutions (including banks and card schemes) in order to process your transactions);

to business partners, suppliers and sub-contractors as necessary for the performance of any contract we enter with them (for example, we engage third parties to send emails and postal mail on our behalf, to provide data cleansing services and to provide marketing and advertising services);

to analytics and search engine providers that assist us in the improvement and optimisation of our Website;

in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

if EMP Merchandising Handelsgesellschaft mbH. or substantially all of its assets are acquired by a third party in which case personal information held by it about its customers will be one of the transferred assets;

to protect our customers and Website from fraud and theft. We may pass on personal information that is required to make identity checks and personal information that we obtain from making identity checks (including information relating to your age, name and location), together with account information to organisations including law enforcement agencies, involved in fraud prevention and detection and credit risk reduction. Please note that these third parties may retain a record of the information that we provide to them for this purpose;

if we are under a duty to disclose or share your personal information in order to comply with any legal obligation; or,

in order to enforce or apply our Terms of Use or Terms and Conditions of Sale and other agreements; or to protect the rights, property, or safety of EMP Merchandising Handelsgesellschaft mbH., any of our group companies, our customers, or others.

Your Right Opting Out

You have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your data) if we intend to disclose your information to any third party for such purposes. If you do not wish to receive marketing information from us you have the option of ‘opting out’ at any time. Clear instructions on how to opt out of each area will be detailed specifically (for instance, at the bottom of our e-newsletter you will have the option to unsubscribe by clicking a link). Alternatively, you can let us know in writing at mailbox@emp.ie or via your registered account on our website if you wish to exercise the right to opt-out.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates, or to social media platforms. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.

Access to Information

The Act gives you the right to access information held about you, and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please write to us at mailbox@emp.ie. Your right of access can be exercised in accordance with the Act.

Changes to Our Privacy Policy

We reserve the right to change this policy at any time. If we change our privacy policy we will post the changes on this website, and where appropriate notify you. Please check back frequently to see any updates or changes to our privacy policy. The most recent version of this policy is reflected by the date located at the bottom of this policy.

Miscellaneous

Closing Dates for Special Offers are shown on the Webshop.

Please don’t send us any cash with your orders (we cannot accept any responsibility for post we don’t receive!)

As the supplier, we are allowed to send you partial deliveries, and you, as the purchaser, are required to accept this type of delivery.

In your own interest, please ensure that the package you receive from the postal service is intact. Never accept a defective consignment (e.g. a torn package) from the parcel delivery service.

Despite careful stocking, items offered may sell out more quickly than anticipated. We work on the basis that we will deliver the articles you order as long as stocks last. This is especially true for special offers/limited offers. For prize draws/competitions, the judge’s decision is final!

We warrant that goods supplied by us are free of manufacturing or material defects. In accordance with the law, you are entitled to issue a justified complaint known as a "notice of defect" for goods supplied by us. We are not liable for the suitability of the goods for a specific use intended by the purchaser.

If you reside within the European Union your local consumer rights laws may be applicable.

All deliveries are subject to these terms of delivery.

If not stated else, all textiles consist of 100% Cotton.

In accordance with Legal ruling, you are entitled to reclaimg on faulty goods for up to 2 years. We are not liable for the suitablility of our products for a certain purpose. We recommend that you check all items for faults upon receipt of a delivery.

You are entitled to all legal rights in case our goods have flaws (2 years warranty claim). We do not grant further guarantees. Obvious flaws of goods are to be reported to us immediately after reception in written form. If not reported all other warranties on our behalf reffering to this expire. We recommend to check all goods immediately after you received your parcel.

Special offers are only valid while supplies last.

All prices are in Euros (€) including the local VAT.

The delivered goods remain our property until fully paid for.

The information on this website is protected by copyright. Reprints, even extracts must be authorized by the publisher.

All deliveries are subject exclusively to the above-mentioned Delivery Terms in the version valid at the time the order is placed.

These regulations - as well as any contract for sale based on these regulations - are based upon our German "Allgemeine Geschäftsbedingungen" and subject to German law. If one or any of these regulations are invalid or inoperative always the German version is significant.

Apple, Inc. ("Apple") does not participate in our sweepstakes or contests and not sponsoring it.

Return of Batteries

Batteries do not belong in household refuse. As the consumer, you are legally obliged to return used batteries. You can hand in your old batteries at public collection points in your community, or any place where batteries are sold. Of course, once they are used, you can also return the batteries you got from us to the following address:
EMP Returns
Synergy Retail Support Ltd
Ravens Way
Crow Lane Industrial Estate
Northhampton
NN3 9UD
UKmailbox@emp.ie

Disclaimer

The author (EMP Merchandising HGmbH) explicitly accounts that all websites which are linked to were free from illegal content at the time the linking occured. Furthermore the author accounts that he has no influence on the current and future configuration of the websites linked to or connected. A consistent check of the sites linked to or connected is not possible as long as there are no concrete indications of encroachment. As soon as we become aware of any illegal content, we will immediately delete the links concerned. This applies for all links and references set within our own internet-offer as well as for all entries made by third parties in our guest-book section, chat, forums and mailing lists. If any damage occurs by the use of information presented therein, only the author of the respective pages may be held liable, not the person who has linked the pages.